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<br /> <br />F. At its July 23-24, 2001 meeting, the CWCB approved increasing this loan by <br />$210,000, for a total loan amount of up to $1,165,000, to finance up to 75% of the <br />total PROJECT cost. The terms for the additional $210,000 loan amount are an interest <br />rate of 5.5% per annum and a repayment period of 30 years. <br /> <br />G. The CWCB and the CONTRACTOR have agreed to amend this contract to increase the <br />amount of the loan by $210,000, for a total loan amount of up to $1,165,000, which <br />may be used to finance up to 75% of the total PROJECT cost. <br /> <br />NOW THEREFORE, it is hereby agreed that <br /> <br />1. Consideration for this Amendment to the ORIGINAL CONTRACT consists of the payments <br />that shall be made pursuant to this Amendment and the ORIGINAL CONTRACT and the <br />promises and agreements herein set forth. <br /> <br />2. It is expressly agreed by the parties that this Amendment is supplemental to the <br />ORIGINAL CONTRACT and all terms, conditions, and provisions thereof, unless <br />specifically modified herein, are to apply to this Amendment as though they were <br />expressly rewritten, incorporated, and included herein. <br /> <br />3. The CWCB agrees that it shall loan the BORROWER an additional $210,000 at an <br />interest rate of 5.50% per annum for a term of 30 years, in addition to the original <br />loan of $955,000 at an interest rate of 5.0% per annum for a term of 30 years, to be <br />used to finance up to 75% of PROJECT costs. <br /> <br />4. The CONTRACTOR has adopted an ordinance, irrepealable for the term of this loan, <br />authorizing the CONTRACTOR to enter into this contract amendment to borrow the <br />additional $210,000, to establish and collect water and sewer user charges, rates and <br />fees ("system revenues") sufficient to pay the annual loan payments, to pledge said <br />system revenues for repayment of the loan, and to execute documents necessary to <br />convey a security interest in said system revenues to the CWCB. Said ordinance is <br />attached as Attachment A. <br /> <br />5. Prior to the execution of this Amendment by the CWCB, the CONTRACTOR shall <br />submit to the CWCB a letter from its Red Book Bond Counsel staling that it is the <br />attorney's opinion that (1) the person(s) Signing for the CONTRACTOR was duly <br />elected or appointed and has authority to sign such documents on behalf of the <br />CONTRACTOR and to bind the CONTRACTOR; (2) the CONTRACTOR'S governing body <br />has validly adopted an ordinance approving this Amendment; (3) there are no <br />provisions in the any state or local law that prevent this Amendment from binding the <br />CONTRACTOR; and (4) this Amendment will be valid and binding against the <br />CONTRACTOR if entered into by the CWCB. <br /> <br />6. The CONTRACTOR agrees that it shall execute the following documents, all of which <br />shall set forth the loan amount of $1,165,000: <br /> <br />City of Idaho Springs <br /> <br />Page 2 of4 <br /> <br />Contract Amendment No.1 <br />